Unpublished Decisions Address Reentry Defendants, Appeal Waiver, Actual Innocence
U.S. v. Tapia-Leon, 2006 WL 2522468 (9/1/06)(unpub'd) - Reentry defendants get the ยง 2L1.2 16-level increase for a prior alien smuggling conviction, whether or not the conviction involved clandestine movement or concealment.
U.S. v. Ramirez-Jimenez, 2006 WL 2522484 (9/1/06)(unpub'd) - The 10th agrees with other circuit decisions that it's permissible double counting to enhance a reentry defendant's sentence twice for the same conviction with respect to the criminal history score and the offense level. The 10th still has not issued a published decision to that effect.
Garcia-Ortiz v. Gonzales, 2006 WL 2556364 (9/6/06)(unpub'd) - The 10th refuses to apply the holding in INS v. St. Cyr, 533 U.S. 289 (2001) to aliens who went to trial. In St. Cyr, the S.Ct. held that the 1996 change in the definition of aggravated felonies did not apply for discretionary suspension of deportation purposes to those who pled guilty before 1996 to an offense that was not an aggravated felony at the time. The logic of St. Cyr did not apply to those who went to trial because they did not go to trial in objective reliance on the pre-1996 aggravated felony definition. The distinction between those who pleaded guilty and those who went to trial does not violate the equal protection clause because the distinction is rational.
U.S. v. Sarber, 2006 WL 2640556 (9/14/06)(unpub'd) - An appeal waiver is unenforceable only when there is a miscarriage of justice with respect to the appeal waiver itself. The waiver is enforceable no matter how unjust the sentence or sentencing procedure was.
Rose v. Newton-Embry, 2006 WL 2536601 (9/5/06)(unpub'd) - The 10th seems to accept the notion that actual innocence will trump the habeas statute of limitations. But, here mere impeachment evidence did not meet the high actual innocence standard.
Davis v. EPA, 2006 WL 2556369 (9/6/06)(unpub'd) - The 10th allows prisoner to pursue citizen lawsuit regarding the contamination of a superfund site.
Mitchell v. City of Colorado Springs, 2006 WL 2536600 (9/5/06)(unpub'd) & Chavez v. Huerfano County, 2006 WL 2522486 (9/1/06)(unpub'd) - The 10th affirms two dismissals of prisoner complaints for failing to abide by the d.ct. order to make their lengthy, rambling complaints more understandable. A trend?
U.S. v. Ramirez-Jimenez, 2006 WL 2522484 (9/1/06)(unpub'd) - The 10th agrees with other circuit decisions that it's permissible double counting to enhance a reentry defendant's sentence twice for the same conviction with respect to the criminal history score and the offense level. The 10th still has not issued a published decision to that effect.
Garcia-Ortiz v. Gonzales, 2006 WL 2556364 (9/6/06)(unpub'd) - The 10th refuses to apply the holding in INS v. St. Cyr, 533 U.S. 289 (2001) to aliens who went to trial. In St. Cyr, the S.Ct. held that the 1996 change in the definition of aggravated felonies did not apply for discretionary suspension of deportation purposes to those who pled guilty before 1996 to an offense that was not an aggravated felony at the time. The logic of St. Cyr did not apply to those who went to trial because they did not go to trial in objective reliance on the pre-1996 aggravated felony definition. The distinction between those who pleaded guilty and those who went to trial does not violate the equal protection clause because the distinction is rational.
U.S. v. Sarber, 2006 WL 2640556 (9/14/06)(unpub'd) - An appeal waiver is unenforceable only when there is a miscarriage of justice with respect to the appeal waiver itself. The waiver is enforceable no matter how unjust the sentence or sentencing procedure was.
Rose v. Newton-Embry, 2006 WL 2536601 (9/5/06)(unpub'd) - The 10th seems to accept the notion that actual innocence will trump the habeas statute of limitations. But, here mere impeachment evidence did not meet the high actual innocence standard.
Davis v. EPA, 2006 WL 2556369 (9/6/06)(unpub'd) - The 10th allows prisoner to pursue citizen lawsuit regarding the contamination of a superfund site.
Mitchell v. City of Colorado Springs, 2006 WL 2536600 (9/5/06)(unpub'd) & Chavez v. Huerfano County, 2006 WL 2522486 (9/1/06)(unpub'd) - The 10th affirms two dismissals of prisoner complaints for failing to abide by the d.ct. order to make their lengthy, rambling complaints more understandable. A trend?
posted by Anonymous at 1:30 PM
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